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The Standard of Care in a Negligence Lawsuit

When you suffer a needless injury because of the careless acts of another person, there are several different legal theories that may be used to pursue compensation for your losses. In most instances, however, your claim will be based on an allegation of “negligence.” Negligence is a legal term, with specific elements that must be proven in court:

You must show that the defendant breached an accepted “standard of care”

You must show a causal link between the defendant’s conduct and your injury

You must show that you suffered actual losses as a result of the accident

The Standard of Care

As the common law of negligence has evolved, the courts have established and reinforced the concept that everyone has a duty, in everything they do, to exercise a certain level of care. Whether you are behind the wheel of a motor vehicle, maintaining steps or stairs, designing or operating a power tool or manufacturing a consumer product, it is expected that you will exercise a certain minimal level of care, so as not to pose an unreasonable risk to others. The standard in New Jersey, as in other states, is general – you must act as a “reasonable person” would act.

Some states have narrowed that definition a little, holding that a reasonable person is an “average person of ordinary prudence.” The ultimate determination of whether a defendant breached a duty of care rests with the jury, though. Juries are tasked with determining the facts in a case, and whether the defendant acted reasonably is considered an issue of fact.

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Disclaimer : The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.